What is Board Certified in Bankruptcy Law & What are the Requirements?
In Florida, there are currently over 91,000 lawyers that are members of the Florida Bar Association.. Some of them are actively practicing and some are not. In Florida, the Florida Board of Legal Specialization and Education (BLSE) offers certain Board Certification programs.
The need to regulate lawyer advertising is a necessity born from avoiding any false, deceptive or misleading statements that could somehow mislead a non-lawyer. Specialization programs and board certifications accomplishes many things but it is also designed to allow a practitioner that has, in fact, earned an accepted specialization to include it in their advertisements. There are many types of advertising regulation of lawyers in Florida such as what a lawyer must include in a direct mail to a putative client and the ability to say "Certified" or Specialized" is another vehicle to obtain clarity in lawyer advertising.
In the area of Bankruptcy Law, Florida Board of Legal Specialization does not offer a direct certification. However, the Florida BLSE does evaluate National Certification programs that offer certifications in:
- Consumer Bankruptcy Law; or
- Business Bankruptcy Law
When it comes to what the Florida Bar recommends on whether to retain a lawyer or not when contemplating filing for bankruptcy, they state:
DO I NEED A LAWYER?
As in any court, individuals have a right to represent themselves before the Bankruptcy Court. However, bankruptcy is a complex area and involves many considerations, including whether to file, the election of the appropriate chapter, the use of exemptions, understanding all of the protections of the Bankruptcy Code and using them to the debtor's advantage. The right decision for you depends on an evaluation of your family status, your assets, your obligations, and other factors. It is a very serious step that could affect you for the rest of your life. It is possible in a bankruptcy that a debtor will lose all assets and still come out owing all of his or her debts. A lawyer can explain to you how the process works and can help you reach an intelligent decision.
Some debtors use non-lawyer bankruptcy petition preparers or filing services to complete the schedules and documents which must be filed with the bankruptcy petition. While this may cost less initially than consulting an attorney, these non-lawyer services by law cannot give legal advice before or after the filing, and cannot represent the debtor in the Bankruptcy Court.
If you are contemplating a Chapter 7 or Chapter 13 case, then you need to consider hiring an attorney. Certain complexities in the law make it extremely difficult for a debtor to successfully conclude a Chapter 13 case without the assistance of an attorney.
A corporation cannot represent itself in a bankruptcy case and must be represented by an attorney.
The Purpose of the BLSE:
The BLSE shall have authority and responsibility to evaluate lawyer certifying organizations and programs and to define the conditions and procedures under which accreditation shall be granted, maintained, or revoked. Such review is intended to enable the BLSE to evaluate the objectives, standards, and procedures of such organizations and programs to ensure for the public the continued value of “certified,” “board certified,” “specialist,” and “expert” as a means to identify lawyers who have demonstrated special competence, skills, and proficiency, as well as character, ethics, and professionalism in the practice of law.
What Entities are Currently Approved by the BLSE Related to Bankruptcy?
Currently, there is only one entity approved by the Florida Bar that offers a certification program in Bankruptcy. It is:
American Board of Certification (ABC)
101 Second Street SE, Suite 904
Cedar Rapids, Iowa 52401
(319) 365-2222
www.abcworld.org
They offer a certification in Business Bankruptcy and Consumer Bankruptcy.
It is not essential that an attorney be board certified in bankruptcy law to excellently represent you, or a family member. However, as law practices develop each area gets more and more detailed. It is very hard for a practitioner to constantly stay on top of each and every legal intricacy if they practice many different practice areas. If a lawyer is certified in Bankruptcy by ABC, this means that they have a level of proficiency to be able to handle your bankruptcy needs. If you are unclear if a Coral Springs bankruptcy lawyer is certified you can simply ask them.
Coral Springs bankruptcy lawyers are experienced attorneys who serve the entire Coral Springs Area
Serving clients throughout Southern Florida, including Boca Raton, Carol City, Cooper City, Coral Gables, Coral Springs, Corral Terrace, Country Club, Cutler Bay, Dania, Davie, Deerfield Beach, Doral, Fort Lauderdale, Fountainbleau, Hallandale Beach, Hialeah, Hialeah Gardens, Hollywood, Homestead, Kendal, Lauderhill, Margate, Melrose Park, Miami, Miami Beach, Miami Lakes, Miramar, North Miami, Oakland Park, Palmetto Bay, Pembroke Pines, Plantation, Richmond West, Sunrise, West Little River, areas in the vicinity of Fort Lauderdale International Airport, and other communities in Broward County.